The Law of the Seabed: Access, Uses and Protection of Seabed Resources Brill 2017 James Harrison, 'Article 202 - Scientific and technical assistance to developing States ' in Alexander Proelß ed. It is therefore argued that tentative discussions on monitoring the implementation of the international regime should be stepped up with a view to creating a formal compliance mechanism. The ten discrete areas in which Australia's continental shelf extends beyond 200 nautical miles from the territorial sea baseline total over 3 million square kilometers. The Legal Protection of Foreign Investment Hart Publishing 2012 661-95 James Harrison, 'The Regulation of Marine Resources in the United Kingdom ' in Estansilao Arana Garcia, Francisco Javier Sanz Larruga, Asensio Navarro Ortega ed. It starts by reviewing the arguments in favour of transparency and what different forms transparency can take in the context of investment treaty arbitration.
James Harrison, 'Recent Developments and Continuing Challenges in the Regulation of Greenhouse Gas Emissions from International Shipping ' in Aldo Chircop, Scott Coffen-Smout, Moira McConnell ed. Important questions are posed about the law-making process, including what actors are involved and what procedures are followed. James Harrison considers the current law-making activities of the relevant international organisations, identifies the problems which may arise from the fragmentation of international law-making and proposes possible solutions. The article then turns to examine the growing cross-fertilisation that is evident in the environmental case law. The cases also demonstrate the continuing innovations in procedural mechanisms to deal with environmental cases, particularly through the use of independent experts to assist judges with making findings of fact on contested scientific issues. The paper then sketches out the main developments in relation to transparency and highlights key issues that still remain to be resolved. Each chapter considers a different international institution including the International Maritime Organization and the United Nations and analyses its functions and powers.
Ed by Thijs Etty and Han Somsen ', 2008 , Edinburgh Law Review, Vol 12, pp 503-05 James Harrison, 'Current Legal Developments - International Labour Organization ', 2008 , The International Journal of Marine and Coastal Law, Vol 23, pp 125-35 James Harrison, 'Conflicting Interpretations - The Slops Incident and the Application of the International Oil Pollution Liability and Compensation Regime to Offshore Storage and Transfer Operations ', 2008 , Journal of Environmental Law, Vol 20, pp 455-64 This analysis discusses recent developments in the international regime for oil pollution liability and compensation. The International Maritime Organization and the international regulation of shipping; 7. Potential problems for the development of the law of the sea are considered and solutions are proposed. This development offers the opportunity to negotiate a uniform legal framework that applies equally to all European and Korean investors. The paper then sketches out the main developments in relation to transparency and highlights key issues that still remain to be resolved.
James Harrison, 'Promoting the Integrity of the International Regime on Oil Pollution Compensation and Liability ' 2009 The international regime on oil pollution liability and compensation was intended to harmonise national laws on this subject in order to ensure adequate compensation for oil pollution victims. This article offers a critical analysis of the key trends in the recent case law in which such safeguards have been interpreted and applied, and in performing this role, how courts and tribunals have developed the balance of rights and obligations implicit in the Convention. In contrast, there is a stronger case for the codification of internationalinvestment law where common standards exist. Making the Law of the Sea examines how various international organizations have contributed to the development of this law and what kinds of instruments and law-making techniques have been used. Strengthening International Fisheries Law in an Era of Changing Oceans Hart Publishing 2019 79-102 James Harrison, 'Exceptions in multilateral environmental agreements ' in Exceptions in International Law 2018 James Harrison, 'International Investment Law and the Regulation of the Seabed ' in Catherine Banet ed.
James Harrison, 'The Legal Framework for Investment Protection between the European Union and Korea Towards a Level Playing Field for Investors? Amendment and modification of the Law of the Sea Convention by the states parties; 4. This article focuses on several such instances, one to the coastal State's advantage though temporally rather than spatially , another neutral though requiring unnecessary work of States , but the remainder all tending to reduce the area of continental shelves. The chapter begins by giving a brief drafting history of the instrument, as well as explaining the expected economic benefits of the agreement for both parties. James Harrison, 'International Law - Significant Environmental Cases: 2007-08', 2008 , Journal of Environmental Law, Vol 20, pp 475-81 James Harrison, 'The Oxford Handbook of International Environmental Law. The move toward integrated marine management has partly been a response to initiatives at the international level.
Yet, the achievement of this aim is complicated by the arrangements for the devolution of power to regional administrations throughout the United Kingdom. The law of the sea is an important area of international law which must be able to adapt to the changing needs of the international community. It is generally accepted that the rules of treaty interpretation allow courts to look beyond the strict confines of a treaty to other sources of evidence. In 2010, they launched a strategic partnership in order to strengthen their trade, economic and political ties. The article considers two particular mechanisms that seek to promote legal certainty for investors by limiting the ability of states to peremptorily revoke the protection offered by investment treaties. These are both iterative processes and many of the cases that feature in this review show how courts and tribunals build upon the existing jurisprudence by either clarifying earlier judicial pronouncements or by applying previous case law to a new situation or context. James Harrison, 'United Kingdom ' in Wenhua Shan ed.
This is an area that is governed both by specific provisions in investment treaties, as well as by principles of general international law. Instead, it concentrates on the role of the various international organisations and the various procedures employed by negotiators in order to push forward the development of the law of the sea over the past few decades. One recent case which clearly demonstrates this trend for harmonization is Suez, Sociedad General de Aguas de Barcelona S. James Harrison, 'The International Law Commission and the Development of International Investment Law ', 2013 , George Washington International Law Review, Vol 45, pp 1-30 International investment law has assumed an increasing prominencelargely due to the proliferation of investment treaties and the number ofarbitral awards made thereunder. The contributions cover a wide range of policy areas, including trade, competition, and investment, as well as cooperation in non-economic areas, such as environmental protection and security policy. In other words, this book is about understanding the governance of the developments of the law of the sea rather than the governance of the oceans as such. If you require this content in an alternative format, such as large print, please contact Unless explicitly stated otherwise, all material is copyright © 2019 The University of Edinburgh, School of Law.
In this context, the article looks at the theory of third party rights and its application in the context of investment treaties. By doing so, they promote flexibility in the Convention regime, albeit at the risk of undermining the transparency and legitimacy of their decisions. James Harrison, Making the Law of the Sea : A Study in the Development of International Law, Cambridge University Press, 2011 This book examines how various international organisations have contributed to the development of the law of the sea and what kinds of instruments and law-making techniques have been used. Important questions are posed about the law-making process, including what actors are involved and what procedures are followed. In particular, it considers marine spatial planning, marine licensing and marine protected areas.
In particular, it analyses the role of the International Seabed Authority in regulating access to seabed mineral resources and the mechanisms through which the Authority balances the objectives of economic development and environmental protection. Each chapter considers a different international institution - including the International Maritime Organization and the United Nations - and analyses its functions and powers. Important questions are posed about the law-making process, including what actors are involved and what procedures are followed. Such an approach allows an evolutionary interpretation which takes into account the contemporaneous views of the parties. Finally, the article considers whether protection is also available for established investors when both parties to an investment treaty mutually agree to terminate the treaty.
It does not follow that harmonization cannot occur, however. In other words, this book is about understanding the governance of the developments of the law of the sea rather than the governance of the oceans as such. From a practical perspective, the role of courts in developing the Convention is limited by the fact that few decisions have come before the courts to date. This article outlines Australia's submission on the basis of the published executive summary and the procedural rules of the Commission that are to govern its examination, exploring some of the submission's implications for other states in terms of Article 76 of the Law of the Sea Convention. On 15 November 2004, Australia lodged only the third submission by a coastal state to the Commission on the Limits of the Continental Shelf. In these circumstances, interpretation is not an appropriate technique for harmonizing international investment law, given inherent differences in the language and context of investment treaties.